HomeMy WebLinkAboutVacate - 1st East West alley South of Huron St running East from Grant StORDINANCE No 7476 -85
Passed by the Common Council of the City of South Bend, Indiana
June 24,
4-.,-,- /t;�-
19 85
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
June 25,
Approved and signed by
2'
Clerk
of Common Council
85
City Clerk
IRENE K. GAMMON
ORDINANCE NO. �F-
AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY
The 1st east -west alley south of Huron Street running east from Grant St to Brookfield St
excepting the North -South intersecting alley for a combined distance of 240 feew.
All being in Harper & Ruckman's Survey to the city of South Bend, St. Joseph County In-
lying between lots 187 -188 and 159 -160.
STATEMENT OF PURPOSE AND INTENT
----------------------------------------------
Pursuant to Indiana code Section 36- 7 -3 -12, the Common Council is charged
with the authority to hear all petitions to vacate public ways or public places
within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a public
hearing on the petition to vacate the following property;
The lst east -west alley south of Huron Street running east from Grant St to
Brookfield St excepting the North - South intersecting alley for a combined distance
of 240 feet. All being in Harper & Ruckman's Survey to the city of South Bend,
St. Joseph County In lying between lots 187 -188 and 159 -160.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of
all utilities and the Municipal City of South Bend, Indiana to construct and maintain
any facilities, including, but not limited to, the following: electric, telephone,
gas, water, sewer, surface water control structures and Bitches, within the vacated
right -of -way, unless such rights are released by the individual utilities.
SECTION III. The Following property may be injuriously or beneficially affected
by such vacating:
LOTS 159, 160, 187 & 188
HARPER & RUCKMAN'S SURVEY
SECTION IV. The purpose of the vacation of the real property is to:
Stop the heavy flow of traffic through the alley which causes property damage,
excessive noise and the fear of someone getting hurt by the cross traffic.
SECTION V
SEE RAGL
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ST.—
VACATION PETITION
DATE
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
WE, THE,UNDERSIGNED PROPERTY OWNERS, PETITION YOU TO VACATE:
The (east-west (alleyb�) in the block
bounded by
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Your Committee
of the Whole
to whom was referred
BILL NO.
55 -85 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
1ST EAST —WEST ALLEY SOUTH OF HURON STREET RUNNING EAST
FROM GRANT ST. TO BROOKFIELD ST. EXCEPTING THE
NORTH —SOUTH INTERSECTING ALLEY FOR A COMBINED DISTANCE
OF 240 FEET. ALL BEING IN HARPER & RUCKMAN'S SURVEY TO
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
LYING BETWEEN LOTS 187 -188 AND 159 -160.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable
Chairman
Joseph T. Serge
FREE PRESS PUBLISHING CO.
BOARD OF PUBLIC WORKS
John E. Leszczynski, President
Katherine G. Barnard
Michael L. Vance
CITY of SOUTH BEND
ROGER O PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND. INDIANA 46601
June 24, 1985
Members of the Common Council
Council Chambers
County -City Building
South Bend, Indiana
r
RE: ALLEY VACATION - 1ST E/W ALLEY SOUTH OF HURON STREET
RUNNING EAST FROM GRANT STREET
Dear Members of the Council:
219/284 -9412
In accordance with Municipal Code Section 18.53.8, a
favorable recommendation is being submitted to the Common
Council concerning the Vacation Petition filed by Mrs.
Clementine Billisitz, 522 South Grant Street, South Bend,
Indiana, to vacate the lst east /west alley south of Huron
Street running east from Grant Street to Brookfield Street
excepting the north /south intersecting alley for a combined
distance of 240 feet all being in Harper & Ruckman's Survey
to the City of South Bend, St. Joseph County, Indiana, lying
between lots 187 -188 and 159 -160.
For your information, a Public Hearing concerning this
proposed vacation was held by the Board of Public Works on
June 17, 1985 at which time the matter was continued for
further review until June 24, 1985. As required by ordinance,
owners whose property abut the proposed alley to be vacated
were notified of the Board's June 17th Public Hearing date.
On June 17, 1985, Mrs. Clementine Billisitz, Petitioner,
as well as abutting property owners Mr. and Mrs. Richard Geyer
were present and spoke in favor of the proposed vacation. The
Board additionally received correspondence from two (2) abutting
property owners, one in favor and one against the proposed
vacation. Excerpts of the minutes of the June 17th and June
24th Public Hearings are attached for your information.
Page Two
Common Council
June 24, 1985
Based on the comments heard from concerned citizens and
a site inspection of the proposed alley to be vacated, the
Board of Public Works, at this time, is presenting a
favorable recommendation on the above referred to alley
vacation subject to any and all utility easements.
If you have any further questions regarding this matter,
please do not hesitate to contact this office.
Sincerely,
BOARD OF PUBLIC WORKS
Sandra M. Parmerlee, Clerk
SMP /mp
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